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DMCA Policy

DMCA Policy

Small Batch Desserts For Fall (hereinafter referred to as "we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. This Digital Millennium Copyright Act (DMCA) Policy outlines our procedures for addressing copyright infringement claims and counter-notifications in accordance with the DMCA.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website or through our services, please notify us by submitting a DMCA Takedown Notice.

Filing a DMCA Takedown Notice

To file a DMCA Takedown Notice, you must provide us with a written communication that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., URL of the specific page or content).
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your complete DMCA Takedown Notice to us via our contact page, clearly indicating it is a DMCA notice.

Counter-Notification Procedures

If you believe that material you posted on our site was removed or disabled by mistake or misidentification, you may submit a Counter-Notification. Upon receipt of a valid Counter-Notification, we may restore the removed material. To be effective, a Counter-Notification must be a written communication provided to us that includes substantially the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Small Batch Desserts For Fall may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Please send your complete Counter-Notification to us via our contact page, clearly indicating it is a DMCA counter-notification.

Upon receipt of a valid Counter-Notification, we will send a copy to the original complaining party. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the Counter-Notification, at our sole discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation.